Tasmanian Ports Corporation Pty Ltd T/A Tasports

[2019] FWCA 445

[2019] FWCA 445

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Tasmanian Ports Corporation Pty Ltd T/A Tasports
(AG2018/7098)

TASPORTS TOWAGE TUG MASTERS AND DECKHANDS ENTERPRISE AGREEMENT 2016

Maritime industry
COMMISSIONER LEE	MELBOURNE, 25 JANUARY 2019

Application for approval of the TasPorts Towage Tug Masters and Deckhands Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the TasPorts Towage Tug Masters and Deckhands Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tasmanian Ports Corporation Pty Ltd T/A Tasports. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) and The Australian Maritime Officers’ Union being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement lodged contained referencing errors at clauses 2(d), 8 and 53. Pursuant to section 586 of the Act, I note that all references to the Maritime Union of Australia will be read as a reference to the CFMMEU.

[5] I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

•  Clause 52.2(e) – Notice of Termination by Employer.

However, noting clause 8 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 February 2019. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

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